Denton, Ex Parte William Charles ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. AP-76,801 and AP-76,802

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EX PARTE WILLIAM CHARLES DENTON, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. B-13,723 AND B-13,724 IN THE 173RD DISTRICT COURT FROM HENDERSON COUNTY

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Per curiam.  



O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). In two causes, Applicant was convicted of aggravated robbery and aggravated assault of two complainants. He was sentenced to concurrent terms of twenty-five years' imprisonment for each aggravated robbery and twenty years' imprisonment for each aggravated assault.

Applicant contends the convictions for both aggravated robbery and aggravated assault of each victim violates the prohibition against double jeopardy. He also complains counsel provided ineffective assistance for failing to object to the double jeopardy violation before the trial court or to raise it on direct appeal and for failing to preserve for appellate review a claim regarding the trial court's denial of a self-defense instruction.

Applicant's claim regarding the self-defense instruction is denied. We order, however, that this application be filed and set for submission on the remaining issues as follows:

(1) Whether Applicant's convictions in each cause for both aggravated robbery and aggravated assault against the same complainant during the same criminal episode constitutes a violation of the prohibition against double jeopardy;

(2) Whether the alleged violation may be remedied in this habeas proceeding or is procedurally defaulted because no objection was raised before the trial court; and

(3) Whether, if the claim is procedurally defaulted, trial counsel's failure to object or appellate counsel's failure to raise the claim constituted deficient representation resulting in harm to Applicant.

The parties shall brief these issues.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before July 16, 2012.

Filed: May 16 ,2012

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